Atlanta, GA asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida

Q: My dad's estate is going through probate without a will in Florida. Can siblings live in the house until it sells?

My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?

1 Lawyer Answer
James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney should be able to address these concerns. If there currently is not a lawyer involved, schedule a free consultation to discuss the particular details and formulate a plan.

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